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2016 Supreme(All) 354

SURYA PRAKASH KESARWANI
UMASHANKAR – Appellant
Versus
RAMASHANKAR RAI – Respondent


Advocates:
Counsel :
Abhishek Kumar for the Appellant.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—Heard Shri Abhishek Kumar, learned counsel for the appellant.

2. This appeal has been filed challenging the remand order dated 30.11.2015 in Civil Misc. Appeal No. 265 of 2010 passed by the Court of Additional District Judge, Court No. 6., Ballia setting aside the order dated 26.10.2010 passed by the Court of Civil Judge (Junior Division) East, Ballia in O.S. No. 500 of 1991 who rejected the Application (54-c) of the respondent Nos. 1 to 7 herein under Order XXII Rule 10 of C.P.C.

3. The facts of the present case are that one Sri Parikshit Rai s/o Padamdev Rai, resident of Village and Post Office-Karnayee, District-Ballia was the owner of some immovable properties. He allegedly executed a sale-deed dated 11.4.1989 at District-Baxur (Bihar) in favour of Smt. Parvati Devi. Subsequently on 1.10.1991 he filed O.S. No. 500 of 1991 alleging that the aforesaid sale-deed is fraudulent and consequently prayed for cancellation of the same. Thereafter, the aforesaid Parikshit Rai sold his immovable properties in question by way of sale-deeds dated 14.8.1991 to Sri Ramashankar Rai and others (respondent Nos. 1 to 7 herein). During the pendency of the


























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